Harmanjot Singh @ Harman v. State Of Punjab

CRM-M-57025-2023 2023:PHHC:152353

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-57025-2023 Date of decision : 30.11.2023 HARMANJOT SINGH @ HARMAN ....Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Amit Agnihotri, Advocate for the petitioner.

Mr. Jaswinder S. Arora, DAG, Punjab.

PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.135 dated 20.10.2022 registered for the offences punishable under Sections 25(8) of the Arms Act, 1959 and Sections 379, 411 IPC at Police Station Division E, District Amritsar.

2.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

3.

Reliance is being placed upon the orders dated 17th of August, 2023 and 29th of September, 2023 passed in CRM-M No.15233 of 2023 and CRM-M-48588-2023, respectively, whereby co-accused Avinash Kumar and Atish Kumar @ Brahman Atish stand admitted to bail. 4.

Counsel for the petitioner submits that the petitioner is behind Deepak Kumar 2023.11.30 16:43 I attest to the accuracy and integrity of this document

CRM-M-57025-2023 2023:PHHC:152353 bars for last more than 1 year and 9 days. Investigation already stands concluded and challan stands presented and thus there can't be any apprehension that the petitioner shall tamper with the evidence. 5.

State Counsel is not in position to dispute the aforesaid factual assertions made by counsel for the petitioner based on record. 6.

I have heard counsel for the parties and have gone through records of the case.

7.

In view of above, without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner and granting parity viz-a-viz co-accused namely Avinash Kumar and Atish Kumar @ Brahman Atish, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. 8.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. November 30, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2023.11.30 16:43 I attest to the accuracy and integrity of this document